extended beyond three years and therefore, there was
no question of dispensation simpliciter. Thus, the High Court had illegally
and arbitrarily dispensed with his service ... Since the petitioner was
terminated from service during probation by simpliciter dispensation of
his service, the same was neither stigmatic nor punitive in nature.
Therefore
arrived at in the
impugned proceedings was founded on misconduct and not simpliciter
6
HCJ & CGR, J.
W.P.No.4041 of 2019
termination ... Judge (Junior Division), on
completion of the probation period, whether amounted to simpliciter
termination or amounted to a punitive action hedged by misconduct,
while upholding
order impugned in the writ petition is
an order of termination simpliciter and the writ petitioner's service is not
satisfactory and also ... dated 14.06.2023 and has dealt with an issue of termination
simpliciter and the same is extracted as follows:-
“The contention of the petitioner is that
order was passed. Hence, the order of discharge,
though appeared to be simpliciter but had been passed on account
of inquiry initiated against the petitioner ... judgment, and although the
termination was claimed to be a termination simpliciter, the
High Court had found that it was a camouflage for the real
that the company discontinued services of
the claimants by way of discharge simpliciter
upon payment of retrenchment compensation and the
orders are not stigmatic ... actually terminated by way of punishment and not
by way of discharge simpliciter and the Court
decided the case merely on the premise that
second respondent, would urge that the impugned order is of
simpliciter discharge without casting any stigma/aspersions on the
petitioner, hence there was no necessity ... impugned order entails civil
consequences, contending that the order is of simpliciter discharge. In
view of the catena of decisions of the Apex Court
period?
and (ii) whether the impugned order is an order
of termination, simpliciter, or is punitive and
stigmatic in nature?
8. In order to answer ... face of it, the said order, being one of
termination, simpliciter, cannot be said to be
stigmatic or punitive in nature. To state that
Civil Court as a mortgage suit. but not as a money claim simpliciter. Therefore, a preliminary decree was passed on that score. The suit ... claimed in respect of such sum. In the case of money claim simpliciter only one decree is required to get by the appropriale party
broadly classified into the following categories:
(a) Where it is termination simpliciter.
(b)Where the termination is on the ground that the appointment itself ... Government instructions in relation to appointments had not been followed.
Termination simpliciter.
16. I would first consider the case of termination simpliciter
same is punitive as the position is otherwise as it is a simpliciter order of discharge. Reliance has been placed upon the decision ... always open for the employer to adjudge the suitability and once a simpliciter discharge order is passed then there is no requirement of adherence
